On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These orders follow a recent Supreme Court decision in Trump v. Barbara that upheld birthright citizenship, striking down a broader attempt by Trump to suppress it.

The first executive order identifies specific groups whose children would not be eligible for citizenship at birth. It excludes children born to parents deemed "alien enemies," "foreign government employees," or those who have "engaged in a commercial transaction" to secure birthright citizenship. It also excludes children born in U.S. territories where citizenship is not granted by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors—groups already generally excluded due to diplomatic immunity.

The second order addresses "birth tourism," a practice where some women travel to the U.S. solely to give birth and obtain citizenship for their child. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt birth tourism. However, the U.S. government already has visa denial powers and has prosecuted birth tourism schemes, including under the Biden administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue the orders combine unconstitutional provisions with what amounts to political theater and will have little practical effect.

The Framers of the Fourteenth Amendment extended birthright citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court. Given this constitutional foundation, the new executive orders face significant legal hurdles.

(Photo credit: Denis Shevchuk/Elnur/Dreamstime; Illustration credit: Fatima Ruiz, Midjourney)

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